Same Gender Marriage: The Supreme Court on Tuesday made it clear that it will not consider personal law related to marriage while deciding petitions seeking legal recognition of same-sex marriages and asked lawyers to argue on the Special Marriage Act. asked to present.

The bench termed the issue of pleadings as complex

A five-judge Constitution bench headed by Chief Justice DY Chandrachud termed the issue involved in the pleas as complex and held that the concept of one man and one woman, as referred to in the Special Marriage Act, is based on gender. But not complete. The bench said, the question is not what is your gender. The point is that it is much more complex. Therefore, even when the particular Marriage Act says man and woman, the notion of man and woman is not absolute on gender lines. The bench also comprising Justice SK Kaul, Justice SR Bhat, Justice Hima Kohli and Justice PS Narasimha.

The bench said this on legalizing same-sex marriages

Pointing out the implications and difficulties that would arise for the Hindu Marriage Act and personal laws of various religious groups in the event of the apex court legalizing same-sex marriages, the bench said, out of the equation and you all can address us on the Special Marriage Act. The Special Marriage Act, , is a law that provides a legal framework for marriage between people of different religions or castes. provides. It governs a civil marriage where the state instead of religion sanctions the marriage.

Solicitor General mentions laws on transgender

Solicitor General Tushar Mehta, appearing for the Centre, referred to laws on transgenders and said that there are several rights such as right to choose partner, right to privacy, right to choose sexual orientation and any discrimination is criminally punishable Is. Giving socio-legal status to marriage, however, is not possible through judicial decisions, said the government’s top law officer. This cannot be done even by the legislature. Acceptance must come from within the society. He said that the problem would arise when a person, who is a Hindu, wants to get the right to same-sex marriage while being a Hindu.

Hindu-Muslim and other communities will be affected?

The law officer said, Hindu-Muslim and other communities will be affected and therefore the states should be heard. The bench said, we are not talking about personal law and now you want us to look into it, why? How can you tell us to fix it? We cannot be forced to listen to everything. Solicitor General Tushar Mehta said that then it would be like short circuiting the issue and the Center is not in the mood to listen to all this. On this, the Chief Justice said, we are adopting the middle path. We don’t need to decide everything to decide something.

Supreme Courtsame gender marriage newsPublished Date

Tue, Apr 18, 2023, 8: 06 PM IST